HomeMy WebLinkAboutReso 15-08 V. Tam & Assoc Consult Agmt
RESOLUTION NO. 15 - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
APPROVING A CONSULTING SERVICES AGREEMENT WITH VERONICA TAM &
ASSOCIATES, LLC TO PREPARE THE 2009-2014 UPDATE TO THE HOUSING ELEMENT
OF THE GENERAL PLAN
WHEREAS, every five years the State of California requires that local Housing Elements be
updated; and
WHEREAS, the existing Housing Element was certified by the State of California Department of
Housing and Community Development (HCD) in 2003; and
WHEREAS, in updating the Housing Element, State law requires that local jurisdictions perform
the following: 1) Assess current and projected housing needs; 2) Inventory land to determine the City's
ability to meet the Regional Housing Needs Allocation (RHNA); 3) Analyze factors that may constrain the
development, improvement and preservation of housing; and 4) Develop housing programs based on the
assessment of housing needs, constraints and resources; and
WHEREAS, a Scope of Services has been submitted by Veronica Tam & Associates, LLC to
prepare the 2009-2014 Housing Element update and includes performing the following four major tasks:
1) housing needs assessment report; 2) preparation of the updated Housing Element; 3) California
Environmental Quality Act (CEQA) compliance; and, 4) public participation coordination; and
WHEREAS, As reflected in the Scope of Services for the Housing Element update, Veronica Tam
& Associates, LLC have a clear understanding of the project scope including recently enacted Housing
Element Law and has demonstrated the ability to prepare Housing Element updates that comply with State
law in a timely and cost effective manner; and
WHEREAS, Staff recommends Veronica Tam & Associates, LLC because they have extensive
experience in preparing Housing Elements for other California jurisdictions and can offer highly qualified
and experienced staff to work on the project.d
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin approves
a Consulting Services Agreement with Veronica Tam & Associates, LLC to prepare the 2009-2014 update
to the Housing Element of the General Plan and authorizing the City Manager to execute the Agreement
for $89,900.
Reso No. 15-08, Adopted 2/5/08, Item 8.2
Page 1 of2
PASSED, APPROVED AND ADOPTED this 5th day of February, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
A~tfW
Deputy City Clerk
Reso No. 15-08, Adopted 2/5/08, Item 8.2
Page 2 of2
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND VERONICA TAM & ASSOCIATES, LLC
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Veronica Tam & Associates, LLC ("Consultant") as of February 5,2008.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assianment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed, $89,800
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City
for duplicate services performed by more than one person.
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 1 of 14
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for .services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill NO.1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 2 of 14
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
As provided in Exhibit A, subject to the not to exceed amount of $89,800.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and .
timesheetsin order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until .consaltant has obtained all insurance required herein for the
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 3 of 14
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation.' Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory, Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coveraQe. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
.7
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 4 of 14
4.2.3 Additional reauirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 5 of 14
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Reauirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraQe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 6 of 14
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
, opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to ,Other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICA liON AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel approved by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal,state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 7 of 14
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not. relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration. Consultant shall have no
obligation to defend City in any administrative or court challenge to the housing element which may be
approved and adopted by the City.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Aaent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governina Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder. >
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 8 of 14
7.3 Other Governmental Reaulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that. Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Eaual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 9 of 14
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this.
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assianment and Subcontractina. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference, between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 10 of 14
19l,*~7
9 1 Records Created as Part of Consultant's Performance All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specIfICations,
records, files. or any other documents or matenals, In electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement It IS understood and
agreed that the documents and other matenals. including but not limited to those descnbed
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessanly SUitable for any future or other use City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and Will not be released to third parties without pnor wntten consent of both
parties
9 2 Consultant's Books and Records Consultant shall maintain any and all ledgers, books
of account, inVOices. vouchers, canceled checks, and other records or documents
eVidencing or relating to charges for services or expenditures and disbursements charged
to the City under thiS Agreement for a minimum of three (3) years or for any longer penod
required by law, from the date of final payment to the Consultant to thiS Agreement
9 3 Inspection and Audit of Records Any records or documents that Section 92 of thiS
Agreement reqUires Consultant to maintain shall be made available for Inspection; audit,
and/or cOPYing at any time dunng regular bUSiness hours, upon oral or wntten request of
the City Under California Government Code Section 85467. If the amount of public funds
expended under thiS Agreement exceeds TEN THOUSAND DOLLARS ($10,00000), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a penod of three (3) years after final
payment under the Agreement
Section 10 MISCELLANEOUS PROVISIONS
101 Attornevs' Fees If a party to thiS Agreement bnngs any acllon, including an action for
declaratory relief, to enforce or Interpret the prOVIsion of thiS Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees In addition to any other relief to which
that party may be entitled The court may set such fees In the same action or In a
separate action brought for that purpose
102 Venue In the event that either party brings any action against the other under thiS
Agreement, the parties agree that trial of such action shall be vested exclUSively In the
state courts of California In the County of Alameda or In the United States District Court for
the Northem District of California
103 Severability If a court of competent JUriSdiction finds or rules that any prOVIsion of thiS
Agreement IS Invalid, VOid, or unenforceable, the provIsions of thiS Agreement not so
adjudged shall remain In full force and effect The Invalidity In whole or In part of any
Consulting Services Agreement between
City of Dublin and Veronrca Tam & ASSOCiates. LLC
February 5. 2008
Page 11 of 14
I!; ~37
J
prOVISion of this Agreement shall not vOId or affect the validity of any other provISion of thiS
Agreement
104 No Implied Waiver of Breach The waiver of any breach of a speCific provIsion of thIS
Agreement does not constitute a waiver of any other breach of that term or any other term
of thiS Agreement
105 Successors and AsslQns The provIsions of thiS Agreement shall Inure to the benefit of
and shall apply to and bind the successors and assigns of the parties
106 Use of Recvcled Products Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent It IS available at equal or
less cost than virgin paper
107 Conflict of Interest Consultant may serve other clients, but none whose acllvltles within
the corporate limits of City or whose business, regardless of location, would place
Consultant In a .confllct of Interest,. as that term IS defined In the Political Reform Act,
codified at California Govemment Code Section 81000 et seq
Consultant shall not employ any City offiCial In the work performed pursuant to thiS
Agreement No officer or employee of City shall have any financial Interest In thiS
Agreement that would Violate California Government Code Sections 1090 et seq
Consultant hereby warrants that It IS not now,nor has It been In the prevIous twelve (12)
months, an employee, agent appointee or offiCial of the City If Consultant was an
employee, agent, appointee, or offiCial of the City In the prevIous twelve months.
Consultant warrants that It did not partiCipate In any manner In the forming of thiS
Agreement Consultant understands that, If thiS Agreement IS made In Violation of
Government Code ~1090 at seq the entire Agreement IS VOid and Consultant will not be
entitled to any compensation for services performed pursuant to thiS Agreement, including
reimbursement of expenses, and Consultant Will be required to reimburse the City for any
sums paid to the Consultant Consultant understands that, In addition to the foregOing, It
may be subJect to Criminal prosecutron for a Violation of Government Code S 1090 and If
applicable, Will be disqualified from holding public office In the State of California
108 SoliCitation Consultant agrees not to soliCit bUSiness at any meetIng focus group or
interview related to thiS Agreement, either orally or through any written matenals
109 Contract Administration ThiS Agreement shall be administered by Julie Carter,
ASSistant to the City Manager ("Contract Administrator") All correspondence shall be
directed to or through the Contract Administrator or hiS or her deSignee
1010 Notices Any wntten notice to Consultant shall be sent to
Veronica Tam & ASSOCiates, LLC
Consulting ServIces Agreement between
City of Dublin and Veronica Tam & ASSOCiates, LLC
February 5 2008
Page 12 of 14
107 S. Fair Oaks Avenue, Suite 212
Pasadena,CA 91105
Any written notice to City shall be sent to:
Richard C. Ambrose, City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional . with
report/design responsibility.
10.12 Intearation. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
~UBLlN ~
1 ~~ (!..
City Manager
CONSlJLTcir ~
~,.~~
Veronica Tam ·
Attest:
~ if#-
City Clerk I Oepv t~
Approved as to Form:
/tj(7f~c tJ" ~ L
City Attorney
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 13 of 14
t1 <1,1
I J
City Attorney
EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between
City of Dublin and Veronica Tam & Associates, LLC
February 5, 2008
Page 14 of 14
+
VERONICA TAM AND ASSOCIATES
September 14, 2007
Mamie Nuccio, Senior Planner
Community Development Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: 2009-2014 Housing Element Update
Dear Ms. Nuccio:
Weare pleased to submit this proposal to prepare the City of Dublin Housing Element for the
2009-2014 cycle.
The State Department of Housing and Community Development (HCD) review of the Housing
Element has become increasingly stringent particularly regarding the residential sites inventory
and constraints analysis. Our scope and budget for the Housing Element, as well as our
recommended approach to schedule and process, reflect our recent experience working with
HCD and understanding of their policy focus.
For the Dublin Housing Element, I have included the expertise of Design, Community and
Environment (DC&E), located in Berkeley. DC&E will be responsible for completing the
environmental review for the Housing Element.
Together, we feel confident that our team has adequate resources and expertise to assist the City
with the Housing Element update. I look forward to working with the City. Please call me if
you have questions or need additional information.
Respectfully,
Veronica Tam, AICP
Principal
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica. tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
Ul-H~lT A
+
City of Dublin Housing Element Update
Page i
CITY OF DUBLIN
HOUSING ELEMENT UPDATE
Housing Element Scope and Technical Approach............................................ 1
T imeline ................................................................................................................... 9
Qualifications, Personnel, and References ....................................................... 10
Budget.................................................................................................................... 16
Appendices:
Resumes
Detailed CEQA Review Budget
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica. tam@vtapJanning,com
P (626) 304-0440
F (626) 304-0005
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City of Dublin Housing Element Update
Page 1
HOUSING ELEMENT SCOPE AND TECHNICAL ApPROACH
Task 1: Kickoff Meeting, Startup, and Data Collection
Task 1.1: Kickoff Meeting
We will meet with City staff to discuss recent changes in housing market conditions, emerging,
trends and issues in the City, and to gather relevant documents, contacts, and data.
Task 1.2: Startup and Data Collection
To initiate the project, we will provide the City will a list of data needs for the Housing Element
update. We will provide an initial list for the kickoff meeting but the list may be augmented as
a result of the meeting.
Task 2: Housing Element Preparation
Task 2.1: Housing Needs Assessment
Consistent with State Housing Element law and HCD's review checklist, the Housing Needs
Assessment will contain the following topics:
.
Demographics, Income, and Employment Trends: Pop-qlation composition and growth
trends; income distribution; and employment opportunities/wage correlations.
.
Household Characteristics: Household composition (e.g. family, elderly, singles) and
growth trends.
.
Special Needs Populations: Special housing needs of seniors, large households, female-
headed households, persons with disabilities, the homeless, and farmworkers.
.
Housing Trends: Housing stock characteristics, such as housing growth, type,
occupancy, and tenure; and housing market conditions. .
.
Housing Problems:
overcrowding.
Housing conditions, overpayment (or cost burden), and
.
At-Risk Housing Analysis: This analysis will cover housing units deed-restricted as low
income housing as a result of public assistance (such as LIHTC, redevelopment set-
aside) and density bonus requirements. Where units at risk are identified, the Housing
Element will include an analysis ofthe estimated costs to preserve or replace the at-risk
units.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica.tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
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City of Dublin Housing Element Update
Page 2
The Housing Needs Assessment
updated with the most current
household, and housing trends.
section of the Housing Element will be comprehensively
data available, providing an overview of demographic,
Task 2.2: Housing Resources and Opportunities
The Regional Housing Needs Allocation (RHNA) adopted in August 2007 by ABAG allocates a
housing production goal of 3,330 units for the City of Dublin, in the following income
distribution:
.
32.8 percent Very Low Income: 1,092 units
19.8 percent Low Income: 661.units
19.6 percent Moderate Income: 653 units
27.8 percent Above Moderate Income: 924 units
.
.
.
AB 2348 mandates a detailed site-specific residential land inventory to determine the City's
ability in meeting its RHNA by income group. Furthermore, AB 2348 establishes default
densities for facilitating the development of lower income housing. For the City of Dublin,
HCD uses a default density of at least 30 units per acre is used. The City's High Density
Residential (HDR) zoning permits up to 80 units per acre. We understand the City anticipates
no major issue with meeting the adequate sites requirement.
We will also review the funding available to the City of Dublin for implementation of the
Housing Element. In addition, the institutional structure and nonprofit organizations with the
interest and capacity to help deliver housing programs and services will be identified.
Specifically, the Housing Element will identify nonprofit housing developers that may
acquire/manage at-risk housing units and/or construct affordable housing. In ,addition, the
Housing Element will address opportunities for energy conservation.
Task 2.3: Housing Constraints Analysis
This analysis must contain a review of factors that may potentially constrain the development,
improvement, and preservation of housing in the City. Factors to be reviewed include:
.
Market constraints such as land costs, labor and construction costs, and availability of
financing;
Governmental constraints, including land use controls, development standards, permit
processing procedures, planning and development fees, constraints to housing for
persons with disabilities, households extremely incomes, and the recently adopted SB 2
(October 13,2007) on emergency shelters for the homeless;
Environmental constraints such as areas impacted by flooding and other natural and
man-made hazards; and
Infrastructure constraints, including the availability of water and sewer capacity.
.
.
.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica. tam@vtaplanning.com
P (626) 304-0440
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City of Dublin Housing Element Update
Page 3
New State laws enacted after 2002 also necessitate a review of the City's policies and regulations
that may serve to constrain the development, improvement, and conservation of housing.
Specifically, the following issues will be addressed:
.
Minimum Densities and Approval of Residential Development (SB 2292): Review of
zoning ordinance for minimum densities, cumulative zoning, and average development
densities.
Housing for Extremely Low Income: (AB 2634): Review of City's zoning provisions for
supportive housing and single-room occupancy (SRO).
Density bonus (AB 1818): Review of the City's density bonus provisions.
Emergency Shelters (SB 2): By-right permitting for emergency shelters.
.
.
.
Task 2.4: Review of Existing Housing Element
We will evaluate the effectiveness of the housing programs contained in the 1999-2006 Housing
Element (extended by legislation to June 30, 2009) in facilitating the maintenance, improvement,
and development of housing for all income groups. This evaluation will assist in evaluating
and assessing the need to modify existing programs, introduce new housing programs, and
eliminate obsolete programs for the updated Housing Element.
Included in this review is a discussion on the effectiveness of an inclusionary housing ordinance
versus a general plan policy that allows for negotiation with developers to provide affordable
housing.
Task 2.5: Update to Housing Programs
Based on the assessment of housing needs, constraints, and resources, as well as past
accomplishments, housing programs in the current Housing Element will be comprehensively
revised to:
.
Make available sites at adequate densities and development standards to facilitate and
encourage a variety of housing types for all socioeconomic segments of the community,
including those with special needs.
Facilitate and encourage the provision of affordable housing for low and moderate
income households.
Improve and preserve the City's affordable housing stock.
Mitigate constraints to the development, improvement, and preservation of housing.
Promote equal housing opportunity.
.
.
.
.
For each program, we will establish the time frame for implementation, specific objectives,
funding sources, and responsible agencies. A summary of quantified objectives by income
group will be provided.
107 S, Fair Oaks A venue, Suite 212
Pasadena, CA 91105
veronica.tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
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City of Dublin Housing Element Update
Page 4
Task 3: Consultation and Public Meetings
Task 3.1: Consultation with Service Providers and Housing Developers
State law requires the outreach and consultation of groups that represent the interests and
needs of low and moderate income as well as special needs populations. Publishing a notice in
the newspaper and/or City website is not considered diligent efforts by HCD with regard to
soliciting input from these groups. We will work with the City to identify a list of service
providers and housing developers to conduct telephone interviews regarding housing needs in
the community and obstacles to obtaining decent and adequate housing.
Task 3.2: Public Workshops and Hearings (10)
We have included in our scope and budget up to ten public workshops and public hearings
before the Housing Committee, Planning Commission, and City CounciL Special invitations
should be sent to service providers, community stakeholders, and other relevant parties.
The first meeting would be a joint meeting with the Housing Committee, Planning Commission
and City Council to present an overview of the Housing Element requirements and process.
The next two to six meetings would be to solicit input from the Housing Committee as well as
interested service providers, community stakeholders and other interested parties. The final
three meetings would include a joint Study Session between the Housing Committee and
Planning Commission to review the draft Housing Element and two public hearings, one before
the Planning Commission and one before City Council, prior to submitting to HCD for formal
reVIew.
Task 4: Draft and Finalize Housing Element
Task 4.1: Draft Revisions
We will prepare an Admini~trative Draft Housing Element for review by staff. The
Administrative Draft will be revised to address comments to formulate the Draft Housing
Element. The Draft Housing Element will be reviewed for consistency with the City's General
Plan. This review will focus on changes to the Land Use Element that have occurred since the
last Housing Element update.
Documents
· Administrative Draft (5 hard copies and electronic copy)
· Draft (25 hard copies and electronic copy)
/"
107 S, Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica.tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
+
City of Dublin Housing Element Update
Page 5
Task 4.2: HCD Review
HCD review of the Housing Element is required by State law to occur at two stages:
.
Review of the Draft Housing Element to identify potential concerns: During this
review, HCD will issue a comment letter on the City's Draft Housing Element. Each
round of review is 60 days.
.
Review of the Final Adopted Housing Element to ensure HCD concerns on the Draft
are addressed: During this review, HCD will verify that its comments on the Draft
Housing Element have been adequately addressed. One round of review is required,
with the review period being 90 days.
We recommend revising the Draft Housing Element to address HCD comments and secure a
letter of substantial compliance from HCD prior to adopting the Housing Element. Typically,
two rounds of revisions to the Draft Housing Element are required to address HCD comments.
This approach would avoid taking a Housing Element to Council adoption without assurance
of a finding of compliance by HCD. We will work with staff to address HCn comments. All
revisions will be prepared in underline/strikeout format ("track changes" mode) to focus HCD
reviews on changed text.
Our budget also includes two meetings with HCD in Sacramento as part of the review of the
Draft document to discuss policy issues and HCD concerns.
While our goal is to achieve HCD certification of the Housing Elementl certification is not guaranteed.
Should a consensus on policy commitment cannot be reached between the City of Dublin and HCD1 the
City can choose to adopt the Housing Element with findings that indicate the Housing Element as
substantially complies with State law.
Task 4.3: Planning Commission and City Council Hearings
Two public hearings have been budgeted for the adoption of the Housing Element. We
recommend adoption of the Housing Element after a letter of substantial compliance from HCD
is secured.
Task 4.4: Final Housing Element
A final Housing Element will be prepared and submitted to HCD for the 90-day review of the
adopted Element. This review by HCD is primarily administrative to verify revisions
negotiated between HCD and the City based on the revised Draft Element are incorporated into
the Final Housing Element.
Documents
.
Final Housing Element (25 hard copies and electronic copy)
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica. tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
!M.>!"
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+
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City of Dublin Housing Element Update'
Page 6
Task 5: Environmental Review (Option)
This scope of work details DC&E's approach .to completing of the Initial Study/Negative
Declaration (IS/ND) for the City of Dublin Housing Element. A summary of the scope of work
is shown below.
Task 5.1: Project Initiation
1. Kickoff Conference Call Meeting 2. Review Existing Documents
Task 5.2: Environmental Evaluation and Initial Study/Mitigated Negative Declaration
1. Aesthetics 7. Recreation
2. Cultural Resources 8. Hazardous Materials
3. Traffic and Transportation 9. Hydrology
4. Air Quality 10. Geology, Soils and Seismicity
5. Noise 11. Other Environmental Issues
6. Biological Resources 12. Mitigated Negative Declaration
Task 5.3: City Review and Revision
1. IS/MND
Task 5.4: Public Review/Responses to Comments
Task 5.5: Public Hearings
This scope of work is based on the assumption that the ND will be based on existing
information and that no additional technical studies will be required. If it is determined that
additional will be required, due to lack of existing information, a contract amendment will be
prepared.
DC&E will complete five work tasks as part of this project, as outlined below:
Task 5.1: Project Initiation
Kickoff Conference Call Meeting: DC&E team will meet with City staff to discuss the required
format for the IS/MND and the schedule for completing and adopting the document. At this
meeting, DC&E will request any additional technical documents or background material on the
project area.
Review Existing Documents: DC&E team members will review all data sources and documents
associated with the Housing Element, including all relevant City plans and regulations.
Relevant documents include, but may not be limited to, the City of Dublin General Plan and
EIR, Zoning Ordinance, and infrastructure master plans.
Task 5.2: Environmental Evaluation and Initial Study/Mitigated Negative
Declaration
Using existing documents, DC&E will prepare a detailed Initial Study using either the DC&E
formatted checklist or the City's version, if available. The Initial Study will include a project
description, and information to support all the conclusions stemming from the threshold
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica. tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
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City of Dublin Housing Element Update
Page 7
questions. All references will be noted and appropriate technical information will be appended
as necessary. The Initial Study will determine if any environmental impacts are anticipated due
to implementation of the project, and include mitigation measures as required. It is anticipated
that a Mitigated Negative Declaration will be prepared for the project. If it is determined by the
City that an Environmental Impact Report will be required, a contract amendment would be
required to complete the work.
Initial Study: Task 5.1 identifies the primary topic areas that will be examined in the Initial
Study in accordance with CEQA. The Initial Study will present evidence that indicates that
significant environmental effects will be avoided, as appropriate. The issues that will be
evaluated through completion of the Initial Study are listed discussed below.
. Aesthetics
. Cultural Resources
. Traffic and Transportation
. Air Quality
. Noise
. Biological Resources
. Hazardous Materials
. Hydrology and Water Quality
. Geology, Soils and Seismicity
. Land Use
. Population and Housing
. Public Services
. Recreation
. Utilities and Infrastructure
Mitigated Negative Declaration (MND): Assuming that the Initial Study finds that there are no
unavoidable significant environmental impacts as a result of the project, or if potentially
significant impacts can be avoided or mitigated to a less-than-significant level, a CEQA MND
will be prepared for the project. If the Initial Study concludes that the proposed project could
have potentially significant unavoidable impacts, an EIR will be required.
Mitigation Monitoring Program . (MMRP): DC&E will prepare a. mitigation monitoring
program to accompany the ISjMND. This program, spown in tabular form, will identify
responsibility for implementing and monitoring each mitigation measure contained in the
Initial Study, along with monitoring triggers and reporting frequency.
Task 5.3: City Review and Revision
The IS/MND and MMRP will be submitted to the City of Dublin for review, as follows:
IS/MND:
107 S. Fair Oaks A venue, Suite 212
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veronica.tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
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City of Dublin Housing Element Update
Page 8
.
Administrative Draft IS/MND. DC&E will submit this first draft to the City for review
in paper and electronic formats. The City will provide DC&E with a consolidated set of
comments on the report. This assumes that DC&E will respond to one-round of
comments on the Administrative Draft received from the City.
Screencheck Draft IS/MND. DC&E will submit a revised, second draft to City staff as an
electronic "screencheck" prior to printing the public review draft. DC&E assumes that a
minimal level of effort, not exceeding four hours, would be required to respond to any
comment from the City on the screen check Draft IS/MND.
Draft IS/MND. DC&E will provide the City with one electronic copy and 30 paper
copies. This assumes that the City will circulate copies of the document to the State
Clearinghouse, as required by CEQA, and to interested members of the public.
Memorandum of Responses to Comments: DC&E will submit this memo to the City for
review. DC&E assumes that it will resporid to one round of comments from the City on
the proposed responses to comments.
.
.
.
Mitigation Monitoring Program (MMRP): DC&E will prepare a mitigation monitoring
program to accompany the IS/MND. This program, shown in tabular form, will identify
responsibility for implementing and monitoring each mitigation measure contained in the
Initial Study, along with monitoring triggers and reporting frequency.
.
Administrative Draft MMRP. DC&E will submit this first draft to the City for review in
paper and electronic formats. The City will provide DC&E with a consolidated set of
comments on the MMRP. This assumes one-round of review and comments by the City.
Screencheck Draft IS/MND. DC&E will submit a revised, second draft of the MMRP to
City staff as an electronic "screencheck" prior to printing. This assumes one-round of
review and comments by the City.
Final MMRP. DC&E will submit a final MMRP to the City in electronic and paper
formats.
.
.
Task 5.4: Public Review/Responses to Comments
Once the IS/MND is published with the State Clearinghouse, CEQA requires a 30-day public
review period during which the document will be available for review and com:p1ent. DC&E
will respond to substantive comments received on the IS/MND in a memorandum form.
DC&E's labor for this task is limited to 24 hours, which includes the time required to revise
responses based on input from the City. Any additional labor for this task, beyond 24-hours,
would require a budget amendment.
Task 5.5: Public Hearings
Steve Noack will attend up to two public hearings on the Final IS/MND, at which he will
present findings and respond to questions from members of the public or City staff. Attendance
at additional hearings could be added to this scope of work on a time-and-materials basis, if
required by the City.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica. tam@vtaplanning.com
P (626) 304-0440
F (626) 304-0005
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City of Dublin Housing Element Updati .
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Task 5.6: Products
In fulfillment of the scope of work presented in this proposal, DC&E will submit the following
work products to the City:
· Administrative Draft IS/MND (Task 5.3) (two hardcopies and one electronic copy)
· Screencheck Draft IS/MND (Task 5.3) (two hardcopies and one electronic copy)
· Draft IS/MND (Task5.3) (two hardcopies and one electronic copy)
· Memorandum of Responses to Comments (Task 5.5) (two hardcopies and one electronic
copy)
· Administrative Draft MMRP (Task 5.3) (two hardcopies and one electronic copy)
· Screen-Check MMRP (Task 5.3) (two hardcopies and one electronic copy)
· Final MMRP (Task 5.3) (two hard copies and one electronic copy)
Task 5.7: Meetings
The proposed scope of work includes DC&E's attendance at two hearings on the Final IS/MND.
DC&E would attend additional meetings on a time and materials basis, if required by the City.
The estimated cost per attendance at additional meetings would be $600 per meeting.
TIMELINE
The statutory deadline for the 2009-2014 Housing Element cycle for the ABAG region is June 30,
2009. We proposal the following timeline:
Tasks
Pro'ect Initiation/Contract A
Kickoff and Startu
Data Collection and Element U date
Public W orksho s
Administrative Draft Element
Draft Element
Public Hearin s
HCD Review (2 rounds of 60-da review)
CEQA Document
Ci Council (Ado tion)
Timeline
Februar 2008
Februar 2008
Februar 2008 - June 2008
March - June 2008
Se tember 2008
October 2008
October - November 2008
December 2008 - Ma 2009
December 2008 - Ma 2009
June 2009
107 S. Fair Oaks Avenue, Suite 212
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City of Dublin Housing Element Update
Page 10
QUALIFICATIONS, PERSONNEL, AND REFERENCES
Veronica Tam and Associates
Key Personnel
Veronica Tam, AICP, will be the primary person responsible for the preparation of the Housing
Element. Veronica Tam has expertise in the areas of housing policy development and
community development planning. Prior to forming her owh business, she had 15 years of
experience with a private consulting firm, Cotton/Bridges/Associates (CBA), preparing a range
of housing and community development plans and studies. As Principal-in-Charge and
Director of Housing Services for CBA, Ms. Tam oversaw most housing-related works in the
company. Specifically, she has prepared more than 60 Housing Elements for communities
throughout California. Specifically, she has knowledge in the following:
.
Housing Element
Redevelopment Implementation Plan
Inclusionary Housing and Commercial Linkage Fee studies
Consolidated Plan and related reports
Fair housing studies
General Plan
Zoning Ordinance
.
.
.
.
.
.
Veronica has expertise in working with local jurisdictions in developing housing policies and
community development strategies, including:
.
Inclusionary housing policies and credit system for awarding affordable housing units;
Policies for new subdivisions, annexations, and specific plans to foster a range of
housing types;
Land use and zoning incentives to facilitate affordable housing development through
techniques such as affordable housing/community benefit overlays and infill
development; and
Neighborhood improvement programs and activities.
.
.
.
Veronica Tam has conducted extensive community outreach programs and facilitated policy
discussions with elected officials, community stakeholders, interest/advocacy groups, and the
general public. She has experience using various forums for discussions, including: interactive
discussions at community workshops; focused issue discussions with advisory committees, task
forces, and other community stakeholders; and city council/planning commission study
sessions. Specifically, she has conducted workshops to:
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
veronica. tam@vtaplanning.com
P (626) 304-0440
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City of Dublin Housing Element Update
Page 11
.
Educate communities and elected/appointed officials regarding affordable housing;
Educate local jurisdictions regarding various housing laws, particularly State Housing
Element and redevelopment housing requirements; and
Solicit input regarding neighborhood revitalization and community development needs,
housing needs, and housing discrimination.
.
.
Ms. Tam frequently speaks at conferences regarding housing policies and Housing Element
requirements. In 2006, she spoke at the Inland Empire AP A Affordable Housing Forum and
CCAP A Conference on Housing Element requirements. Recently was invited by the League of
California Cities to conduct a session on Housing Element updates for the Planners' Institute
Conference in March 2007.
Kanishka Karunaratne will support the preparation of the Housing Element. Ms. Karunaratne
is currently completing her Masters in Urban Planning at UCLA. Prior to joining VTA in
February 2007, Ms. Karunaratne had worked for Community HousingWorks, a nonprofit
housing developer in the San Diego region. Since joining VTA, Ms. Karunaratne has assisted in
Housing Element updates for the cities of Chino, Hesperia, and Port Hueneme.
Relevant Projects
City of Tracy Housing Element (2003-2008) and Inclusionary Housing Workshop
In recent years, the City has experienced significant growth as a result of large-scale housing
construction in response to a growing San Joaquin Valley region and the eastward movement of
Bay Area and Silicon Valley workers in search of affordable housing. In the meantime, the
demand for housing in Tracy continues to rise, increasing local housing prices. A segment of
the Tracy population can no longer afford to move into smaller homes as they age, purchase
their first home, or trade up for a larger home that accommodates changing household needs.
Paradoxically, residents responding to the fast growth and related issues such as traffic
congestion and air pollution pushed for the passage of Measure A, which limits the City's
ability to issue building permits. The Housing Element involved an extensive outreach
program to educate the community regarding the need for affordable housing, the impact of
growth management measures, and the pros and cons of inclusionary housing policy. The
Housing Element included proactive measures to address the community's housing needs and
to mitigate the impact of Measure A. Resulting from the recommendation of the Housing
Element, the City conducted a community workshop to discuss inclusionary housing policies;
the workshop was attended by over 100 residents, community stakeholders, housing
processionals, and advocates.
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City of Livermore Housing Element (2001-2006)
Located in the East Bay Area, the City of Livermore's housing market has been significantly
, impacted by Bay Area workers seeking affordable housing eastward. To ensure the City
maintain its quality of life and quiet setting among rolling hills and wineries, the City adopted
the Growth Limitation Plan that regulates its rate of growth in terms of building permits that
can be issued annually. The Housing Element addressed the City's affordable housing needs
through intensiflcationof the downtown area while maintaining a generally low-density
community character. The Element introduced the concept of "borrowing" building permit
allocations from the future to facilitate affordable housing within the downtown. The Element
also revisited the criteria for density bonus and qualifying as affordable housing.
City of Modesto Housing Element (2003-2008)
The City of Modesto is a fast-growing community in the Central Valley area. Given its location,
rapid growth spurred by regional needs, and the desire to improve the quality of life it offers,
the City strives to manage growth, ensuring the provision of infrastructure and village-scale
planning. Air quality, traffic congestion, neighborhood character and integrity, provision of
adequate infrastructure and services, and farmland preservation are some of the primary issues
the City considers in its attempt to appropriately manage growth. The Housing Element
attempted to balance the need for affordable housing and managed growth. Preparation of the
Element involved extensive community outreach, including meetings with the Housing
Element Advisory Committee (HEAC) and community workshops. Extensive discussions with
the community and the HEAC resulted in housing policies that work to expand housing choices
and prices, particularly in new annexation areas and subdivisions.
References
1. County of San Diego Department of Planning and Land Use
5201 Ruffin Road, Suite B
San Diego, CA 92123-1666
Rosemary Rowan, AICP, Regional Planner
Phone: (858) 694-2976
Email: Rosemary.Rowan@sdcounty.ca.gov
Dixie Switzer, Land Use/Environmental
Planner m
Phone: (858) 694-3041
Email: Dixie.5witzer@sdcounty.ca. gov
2. City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
Ingrid Rademaker, Associate Planner
Phone: (925) 373-5207
Email: irademaker@ci.livermore.ca.us
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3. City of Tracy Development and Engineering Services
520 Tracy Blvd.
Tracy, CA 95376
Alan Bell, Senior Planner
Phone: (209) 831-4604
Email: Alanb@cLtracy.ca.us
4. City of Claremont
Harvard Avenue
Claremont, CA 91711-0880
Brian Desatnik, Redevelopment and Housing Manager
Phone: (909) 399-5342
5. City of La Mesa
8130 Allison Avenue
La Mesa, CA 91941
Patricia Rutledge, Planner
Phone: (619) 667-1185
Design Community and Environment (DC&E)
Design, Community & Environment (DC&E) was founded by David Early in 1995 to provide
the type of high-quality, comprehensive planning and design services the City of Dublin needs
for the Housing Element Environmental Review. DC&E believes that responsible planning and
design reflect the communities they serve and work in concert with the natural environment.
DC&E has completed General Plans, Housing Elements and EIRs for jurisdictions throughout
California.
Key Personnel
Steve Noack, AICP, Principal in environmental review, will serve as Principal-in-Charge of the
Housing Element EIR. Mr. Noack has almost 30 years of experience in planning and
environmental review in California and has recently served as Principal-in-Charge of DC&E's
work on the Eden Area General Plan ErR for Alameda County, the Tracy General Plan EIR for the
City of Tracy, and the Truckee General Plan EIR for the Town of Truckee.
Ben Noble, AICP, Associate, will serve as DC&E's Project Manager. Mr: Noble has six years of
experience in both public- and private-sector planning. Currently Mr. Noble is Project Manager
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for the San Carlos General Plan Update and EIR, City of Tracy Zoning Code Update, and the Miller
Avenue Plan Support Services and EIR for the City of Mill Valley. Before joining DC&E in 2006, he .
served as Associate Planner for the City of Sausalito and acted as Planning Manager in the
Community Development Director's extended absence. Mr. Noble was the principal author of
the Sausalito Housing Element and served as staff liaison to the Historic Landmarks Board. For
a prior employer, Mr. Noble assisted with reports and facilitated public workshops for the
Concord General Plan Update, and drafted Zoning Ordinance updates for the Cities of EI Cerrito,
Manteca, Yuba City, Concord and Morro Bay. Mr. Noble also offers in-depth knowledge of
housing policy, transportation planning, plan implementation, and environmental review.
Brad Johnson, Urban Designer and Planner at DC&E, will assist with site analysis and graphics
production for the Housing Element EIR. Mr. Johnson has worked on a variety of planning and
urban design documents at DC&E, including his recent work on the 23rd Street Specific Plan for
the City of San Pablo, which will guide pedestrian-oriented, mixed-use development on infill
sites along the 23rd Street corridor of San Pablo. Outreach efforts for the Specific Plan have
included bilingual community involvement and coordination with local and regional
developers of urban residential and mixed-use projects. Mr. Johnson is also beginning work on
the Yolo County Housing Element Update. Before starting at DC&E, Mr. Johnson worked for The
Reinvestment Fund, a large non-profit in Philadelphia, conducting assessments and analysis for
planning projects, including housing projects, in low-income neighborhoods in Pennsylvania,
New Jersey and Washington D.C.
Relevant Projects
Housing Element EIR for the Town of Corte Madera
DC&E conducted an environmental review of the Town of Corte Madera's draft Housing
Element, which included policies to create several different kinds of /I Affordable Housing
Overlay Zones" and lower multi-family housing parking requirements. In addition, the EIR
provided environmental review of the impacts of permitting construction of affordable housing
in four different parts of the town on sites whose development was foreseen in the Housing
Element. DC&E developed several conceptual alternative site plans for this multi;-family
housing, while also overseeing analysis of biological, geotechnical, visual and other impacts
related to the sites' rezoning.
Calistoga General Plan and EIR for the City of Calis toga
DC&E prepared a complete revision of the General Plan of this Napa Valley town, including an
update to its Housing Element. The public input process included planning open houses,
public workshops and regular meetings with a Citizens' Advisory Committee. An
implementation matrix ensured the General Plan can be used to guide annual budgeting and
departmental planning efforts. Work on the EIR was folded into the General Plan so that the
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General Plan is largely "self-mitigating," with few impacts and mitigation measures left to the
EIR.
Truckee Housing Element, General Plan and EIR.for the Town of Truckee
DC&E led a team of consultants to prepare the Town of Truckee 2025 General Plan Update.
Truckee incorporated in 1993, encompassing a total area of 34 square miles, with a development
pattern of dispersed residential areas loosely centered around the historic Town center. Famous
for its scenic beauty, historic downtown, and su~er and winter recreational opportunities,
Truckee has become a popular visitor destination, as well as a significant location for second
home owners from the Bay Area and Sacramento. Although the previous General Plan was less
than ten years old, rapid growth led the Town to initiate an update. The first phase of the
General Plan Update consisted of an extensive public outreach effort, including a community-
wide survey, publication of an existing conditions "Briefing Book," and a series of public
workshops to update the General Plan's Vision. DC&E carried the Vision into Phase II of the
project, which included a further series of public workshops to develop a preferred land use
alternative as well as specific policies regarding housing. DC&E also prepared a full EIR on the
General Plan, including the Housing Element.
References
1. Bill Dean, Planning Manager
City of Tracy Development & Engineering Services
(209) 831-460
2. Rory Walsh, Director of Planning and Building
City of Mill Valley
( 415)388-4033
Miller Avenue Plan EIR
3. Mary Wagner, City Attorney, City of Sausalito
(415) 453-8866
Sausalito Housing Element
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BUDGET
Our proposed budget for the Housing Element update, including the public participation
program and HCD review, is $67,450. Preparation of the Mitigated Negative Declaration for the
Housing Element is budgeted for $21,700. Total budget is $89,800. The project will be billed on
a percent-complete basis by task and monthly invoices will be sent to the City by maiL
Tam I Planner VTA DC&E
Hourlv Rate: $130 $70 Total Total TOTAL
1. Kickoff, Startup, and Data Collection
1.1 Kickoff Meeting 6.0 $ 780 $ 780
1.2 Startup and Data Collection 2.0 $ 260 $ 260
TOTAL 8.0 - $ 1,040 $ - $ 1,040
2. Housing Element Update I
2.1 Housing Needs Assessment 20.0 40.0 $ 5,400 $ 5,400
2.2 Housing Constraints Analysis 20,0 40.0 $ 5,400 $ 5,400
2.3 Housing Resources Analysis 40.0 $ 5,200 $ 5,200
2.4 Review of Past Accomplishments 4.0 20.0 $ 1,920 $ 1,920
2.5 Update to Housing Programs I 24.0 $ 3,120 $ 3,120
TOTAL ! 108.0 100.0 $ 21,040 I $ - $ 21,040
3. Consultation and Public Workshops I I
I I
3.1 Consultation with Service Providers 1.0 i 8.0 $ 690 I $ 690
3.2 Public Workshops (10) 80.0 I 20.0 $ 11,800 i $ 11,800
TOTAL I 81,0 28.0 $ I $ $ 12,490
I 12,490 I -
4. Draft and Finalize Housing Element I
I
4.1 Draft Housing Element 40.0 40.0 $ 8,000 $ 8,000
4.2 HCD Review 60.0 $ 7,800 $ 7,800
Meeting with HCD (2) 16.0 $ 2,080 $ 2,080
4.3 PC and CC Hearings (2) 16.0 $ 2,080 $ 2,080
4.4 Final Housing Element 2.0 8.0 $ 820 $ 820
TOTAL I 134.0 48.0 $ 20,780 $ - $ 20,780
5. Environmental Clearance (Optional)
5.1 Project Initiation 1.0 $ 130 $ 2,775 $ 2,905
5.2 Environmental Evaluation & 15/MND 2.0 $ 260 $ 12,465 $ 12,725
5.3 City Review and Revisions 1.0 $ 130 $ 1,955 $ 2,085
5.4 Public ReviewlResponses to Comments 1.0 $ 130 $ 2,775 $ 2,905
5.5 Public Hearings (2) $ - $ 1,200 $ 1,200
Direct Expenses $ - $ 530 $ 530
TOTAL 5,0 - $ 650 $ 21,700 $ 22,350
Project Management 20.0 $ 2,600 I $ 2,600
Housing Element Printing
Administrative Draft (5 hard copies) $ 125 $ 125
Draft Housing Element (25 hard copies) $ I $ 625
625 '
Final Housing Element (25 hard copies) $ 750 I $ 750
Miscellaneous (travel, phone, postage, mileage) I
$ 8,000 I $ 8,000
TOTAL with Environmental 356.0 176.0 I $ 68,100 $ 21,700 $ 89,800
TOTAL without Environmental I 351.0 176,0 I $ 67,450 1$ - $ 67,450
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ApPENDIX
RESUMES
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City of Dublin Housing Element Update
ApPENDIX
DETAILED, CEQA REVIEW BUDGET
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DC&E
Initial Study Budget Summary
H ours per Task
Associate Graphics
Principal Planner W P Planner
Clerical
A. A"ojed Initic:tion
B. 8wironmental Btaluc:tion & ISVlN D
C. City Revie.N & Revisions
D. R.Jblic Revie.N/Responses to Comments
Total Hours
Billing Rete
LcOOrCost
Total Rrm LcOOr Cost
EX PEN SES
Deliveries
Office Expenses (Alone, Fax, Copies, etc.)
Total Expenses
TOTAL DC&E
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$175
$1 ,225
1
4
1
1
8
40
4
4
56
$125
$7,000
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2 80 3
16
20
2 136 3
$85 $80 $65
$170 $10,880 $195
$19,470
141
389
530
$20,000
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PASSED, APPROVED AND ADOPTED this 5th day of February, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
AT~T: I
Lw~~fW
Deputy City Clerk
Reso No. 15-08, Adopted 2/5/08, Item 8.2
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